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| The Tax Publishers2019 TaxPub(DT) 1571 (Kol-Trib) INCOME TAX ACT, 1961
Section 43B Section 36(1)(v)
As employee's contribution to PF had been deposited before the due date of filing of return under section 139(1), no disallowance could be made in view of proviso to section 43B, even if payment was made beyond due date under respective statute.
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Business deduction under section 36(1)(v) - Employees' contribution to PF - Payment beyond due date under relevant Act but within due date under section 139(1) -
Assessee claimed deduction of Employees' Contribution to Provident Fund paid beyond due date prescribed in respective statute. AO denied deduction.Held: As employee's contribution to PF had been deposited before the due date of filing of return under section 139(1), no disallowance could be made in view of proviso to section 43B even if payment was made beyond due date under respective statute.
Followed:CIT v. Vijay Shree Ltd. 2014 TaxPub(DT) 4825 (Cal-HC)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
INCOME TAX ACT, 1961
Section 37(1)
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